Free Findings of Fact - District Court of Colorado - Colorado


File Size: 32.4 kB
Pages: 3
Date: May 5, 2006
File Format: PDF
State: Colorado
Category: District Court of Colorado
Author: unknown
Word Count: 745 Words, 4,758 Characters
Page Size: Letter (8 1/2" x 11")
URL

https://www.findforms.com/pdf_files/cod/23818/742.pdf

Download Findings of Fact - District Court of Colorado ( 32.4 kB)


Preview Findings of Fact - District Court of Colorado
Case 1:04-cr-00103-REB

Document 742

Filed 05/05/2006

Page 1 of 3

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Robert E. Blackburn, Judge Criminal Action No. 04-cr-00103-REB-5 UNITED STATES OF AMERICA, Plaintiff, v. 5. JANNICE McLAIN SCHMIDT, Defendant. _____________________________________________________________________ FINDINGS OF FACT AND CONCLUSIONS OF LAW ON THE ENTRY OF A PLEA OF GUILTY _____________________________________________________________________ Blackburn, J. On May 4, 2006, I conducted a change of plea hearing during which 1) the defendant, her counsel, counsel for the government, and I formally reviewed and considered the plea agreement of the parties as stated in Court's Exhibits 1 and 2, ("plea agreement"); 2) I arraigned the defendant under Fed. R. Crim. P. 7 and 10; and 3) I formally advised the defendant and conducted providency proceedings under Fed. R. Crim. P. 11. Based upon my exchange and colloquy with the defendant in open court on the record; based upon the representations, remarks, and statements of counsel for the government and counsel for the defendant; based upon my review of the file and my review of the written plea agreement as stated in Court's Exhibits 1 and 2, I enter the following findings of fact and conclusions of law: That the defendant appeared to be alert and not under the influence of or impaired by drugs, narcotics, marihuana, alcohol, medication, or intoxicants; That the defendant was competent and fully understood the nature, circumstances,

Case 1:04-cr-00103-REB

Document 742

Filed 05/05/2006

Page 2 of 3

and essential elements of the offenses to which her pleas of guilty were entered; That the defendant understood the direct and collateral consequences that she may suffer or experience as a result of her participation in the plea agreement, her pleas of guilty, and the resultant felony convictions and sentences; That the defendant's pleas of guilty were made and entered voluntarily, knowingly, intelligently and intentionally, and were not the result of mistake; misunderstanding, fear, force, threats, coercion, or undue influence by anyone; That the defendant's pleas of guilty were not the result of any promise or inducement made by anyone, including legal counsel, except as previously indicated on the record and included in the written plea agreement; That the defendant understood each of her legal rights, including her right to a trial by jury and her right to be represented throughout this criminal case by an attorney even if indigent; and that the defendant freely, voluntarily, knowingly, intelligently, and intentionally waived her rights and privileges, including the right to trial by jury, but excepting her right to be represented throughout this criminal case by an attorney even if indigent and her right to appeal any sentence I impose; That the defendant understood that in imposing sentence, I must consult and consider the purposes and goals of sentencing as prescribed by Congress, the relevant provisions of the advisory United States Sentencing Guidelines, and the provisions of 18 U.S.C. ยง 3553 (a)(1)-(7); That the defendant understood that the court will not be bound by any representations by anyone concerning the sentences or penalties to be imposed, except as specified in the plea agreement or on the record; That a factual basis existed to support and sustain the plea agreement and the

2

Case 1:04-cr-00103-REB

Document 742

Filed 05/05/2006

Page 3 of 3

defendant's pleas of guilty; That the defendant has been represented at the change of plea hearing and throughout this case by effective and competent counsel with whom the defendant has no objection, criticism, or complaint whatsoever; That the defendant read, understood, and accepted each and every term and provision within her plea agreement, which he reviewed carefully and thoroughly with his attorney; That the plea agreement conformed in form and substance to the requirements of law; That the defendant, after being advised of the charge and her legal rights, voluntarily, knowingly, intelligently, and intentionally waived her right to be charged by indictment returned by the grand jury and consented to being charged by a superseding information filed by the United States Attorney; and That on the record considered as a whole, I conclude that I may properly accept the defendant's pleas of guilty, which were entered in the context of her plea agreement; and defer formal approval of the plea agreement as stated in Court's Exhibits 1, and 2, pending opportunity to consider the presentence report. Dated May 5, 2006, at Denver, Colorado. BY THE COURT: s/ Robert E. Blackburn Robert E. Blackburn United States District Judge

3